When a business or customer owes you a substantial sum of money and they can pay but will not, taking legal action is often the only solution to recovery. Even when a debtor acknowledges the debt, they may refuse to pay what they owe. They may hope you so dread the idea of initiating a lawsuit that you simply agree to a lesser amount. “Some debtors rely on the idea that legal fees, court costs and the hassle of a legal action will preclude collection,” says Litigation attorney Phillip S. Smith. “In cases of only a few thousand dollars, it may not be worth instigating litigation. But when the amount owed is high, litigation is often the only way to ensure complete payment. People and businesses should not be intimidated by the legal processes necessary to collect what is owed to them. Our litigation team has the experience to resolve these matters.”
Sometimes the other party will concede once they know you have engaged legal counsel, particularly one with a solid reputation. “In many cases, getting a well-written demand letter is enough to let the debtor know you’re serious,” says Litigation attorney Daniel J. Kersey. “Seeing a legal firm’s letterhead over a demand outlining what’s owed and when payment is expected before a lawsuit will be initiated often inspires payment.”
When that is not enough, a collection case may demand a trial judgement. If so, it is important to have a legal team experienced in high debt collection. Because a fundamental or procedural error can lead to a failed claim, and/or the debtor may attempt to respond with a retaliatory breach of contract counterclaim to reduce or eliminate what they owe, it takes a collection litigation attorney to present your case competently and aggressively.
Collection litigation actions with McLin Burnsed include an assessment of documentation to establish what sum is owed and a debtor’s ability to settle the debt, as well as their direct or indirect refusal to pay it. It will eventually reveal which of the debtor’s accounts may be attached and levied after a winning judgment. “Winning a judgement doesn’t necessarily insure you will get paid,” says Litigation attorney Loren M. Vasquez. “Resistant debtors may continue to stall until actions like garnishment are employed, which can take time. An attorney experienced in collection litigation will understand how to expedite payment of a legal judgment.”
If you are owed a substantial sum of money, or someone has wrongly submitted a collection demand against you, the experienced Litigation team of McLin Burnsed will use its experience and strength to protect your rights and help secure a swift, honest judgement.